Upfilm Terms & Conditions and Service Level Agreement
This Service Level Agreement ("SLA") is entered into by and between the Client ("Client"), being any individual or entity that subscribes to the video production services provided by Upfilm and Upfilm ("Service Provider") as of the date of the start of the subscription (including any trial days), whether this is on the date of sign up or on a later date specified by the Client [Effective Date].
1. Services Provided
1.1 Service Provider agrees to provide video production services to Client as outlined below:
1.2 Services shall include, but not limited to: videography, photography, video editing, motion graphics, non-high level animation, conceptualization, scriptwriting and planning - provided month-to-month and on a project-by-project basis.
1.3 Service Provider agrees to provide all standard video and photo equipment required, including video/still cameras, support equipment, drone, video editing software and hardware, subscriptions to royalty-free music, photos, and stock footage.
2. Service Levels
2.1 Service Provider agrees to maintain a high level of professionalism and quality in all services provided to Client.
2.2 Service Provider agrees to adhere to agreed-upon timelines and deadlines by both parties. Timely feedback from Client is crucial for meeting these deadlines. If a project extends beyond the initial 30-day period, the client must subscribe to a new monthly agreement for the project to continue.
3. Services and Equipment Outside of Scope
3.1 Services and equipment not included in the agreement are any specialty equipment or services not typically provided by most videographers, drone operators, or photographers - this includes, but is not limited to: underwater equipment, specialist car rigging, cranes, high-level animation, VFX.
3.2 Hard costs not included in the month-to-month agreement are any hard costs requested or required by the client such as, but not limited to:
These can all be provided at the request of the client; however, the cost for any of these hard expenses will be borne by the client.
The service provider agrees not to take any 'margin' for these hard costs. These hard costs will be provided to the client ‘at cost’.
4. Responsibilities
4.1 Client agrees to provide all necessary materials, approvals, and feedback to Service Provider in a timely manner to facilitate the completion of the services.
4.2 Client agrees to adhere to the payment terms as outlined.
5. Term and Termination
5.1 This SLA shall commence as a month-to-month agreement and operates on a rolling 30-day timeframe. The client or service provider may pause or cancel this agreement at any time. If the service provider cancels the agreement, the client is entitled to a prorated amount of the amount paid left in the 30 days. If the client pauses or cancels the agreement, no such prorated amount is required to be paid to the client.
6. Pausing the Agreement
6.1 The client may pause the agreement at any time and save any unused days left in the 30 days for a later date. All outstanding and current work will be paused, with the pause taking effect immediately. To unpause the agreement, the client is required to email Upfilm Studio and outline the date upon which they would like to unpause.
7. Confidentiality
7.1 Both parties agree to maintain the confidentiality of all information shared during the term of this SLA.
8. Intellectual Property
8.1 The Client acknowledges that all intellectual property rights to the produced videos and photographs shall belong to the Client. However, the Service Provider retains the right to use the produced videos and photos as part of their showreel or to promote their business as proof of work that they have done.
9. Independent Contractor Relationship
9.1 The Service Provider shall be considered an independent contractor and not an employee of the Client. As such, the Service Provider shall be responsible for their taxes, insurance, and other statutory obligations.
10. Delivery and SLA Terms
10.1 Service Provider aims to deliver as many projects and as much value to Client as possible, with the goal of maintaining a long-term relationship.
10.2 Client agrees to provide feedback to Service Provider as quickly as possible to facilitate the timely completion of projects.
11. White Label Services
11.1 Service Provider agrees to work as white label when working with Client if asked to.
12. Governing Law
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
13. Dispute Resolution
13.1 In the event of any dispute or disagreement arising between the Client and Service Provider relating to this Agreement, both parties agree to first attempt to resolve the matter amicably and in a timely manner.
13.2 If a resolution cannot be reached, either party may terminate the Agreement. In such cases, the Service Provider will not be held accountable for any loss or damages incurred by the Client at any time, under any circumstance. Further, the Service Provider will not be held accountable for any loss or damages at any time by the Client under any circumstances.
13.3 If the Service Provider cancels the Agreement, the Client is entitled to a prorated amount of the subscription fee for the remaining days in the 30-day period. If the Client cancels the Agreement, they are not entitled to a prorated amount.
14. Public Liability Insurance
14.1 The Service Provider shall provide public liability insurance coverage for the duration of this Agreement. The insurance coverage shall be in accordance with the laws and regulations of the State of Victoria, Australia.
This agreement is automatically effective upon the start date of the subscription as indicated by the client and continues until the subscription ends - signatures are not required for this agreement to come into effect.